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PRIZE 


ESSAY. 


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RAYMOND E. MANOGUE, 

CLASS, ’97. 

Student of tine CLiristian Brothers’ College, 

Memphis, Tennessee. 

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PRIZE OF ONE HUNDRED DOLLARS 

— OFFERED BY — 

HON. WM. H. CARROLL, 

Of Memphis, Tennessee. 



WELL WORTH PERUSAL. 

The paper on “The Needs of a New Constitution for Tennessee” 
written by Mr. Raymond Manogue, of the Christian Brothers’ school, for 
which he was awarded the prize of $100 offered by Col. Wm, H. Carroll, is 
presentation of the case that is well worth perusing. While the writer 
is only 18 years of age, he betrays none of the limitations of adolescence in 
handling this momentous question. His directness of statement and lack 
of ornamentation are in happy contrast with the usual sophomorical 
deliverances of young men, and his style is one that older writers might 
well copy. Mr. Manogue evinces a familiarity with the present constitution 
and a lively sense of its defects such as few men of mature vears can boast, 
and our law-makers who are to assemble in Nashville on January 4 would 
do well to carefully con the facts and arguments presented. That Tennes¬ 
see is sadly behind in the race of progress is well and widely known, and 
the reason of it is to be found in the organic laws of the State, which should 
be overhauled and modernized,— Editor , Commercial-Appeal. 


WILLS & CRUMPTON PRINTERS, MEMPHIS. 




























CORRESPONDENCE. 


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MEMPHIS, TENN., October 10, 1S96. 
Gen. Geo. W. Gordon, Brother Maurelian and Mr, Bolton Smith, City: 

Dear Sirs — Enclosed please find a check for one hundred dollars, to be Riven on 
the ensuing Christmas to the Tennessee student who shall write an article best set¬ 
ting forth the reasons why Tennessee needs a new Constitution. 

If you will take charge of this matter and bring it to the attention of the various 
schools and colleges of the State, and be the final judges of the merit of the compos¬ 
itions to be submitted, you will place me under lasting obligations 

Competition to be open to all students, whether male or female, in the State of 
Tennessee, who have not yet arrived at the age of twenty-one years. 

Yours truly, \VM. H. CARROLL. 

THE CONDITIONS. 

MEMPHIS, TENN., October JO, 1800. 
Mr. Wm. H. Carroll, City: | 

Dear Sir— We beg to acknowledge receipt of your check for one hundred dollars, 
and, with a sense of its importance, accept the trust that you tender ns. 

The plan that you have adopted should be fruitful in good results. A study of 
the old Constitution by the youth of our State is indispensable to the adoption of a 
new Constitution that will advance the material interest of onr people. 

We agree with you that competition should be Open to all students in the State 
under the age of twenty-one years. 

We now bring ihe matter to their attention through the principals and heads of 
the schools and colleges of the State, and suggest that the competition be conducted 
subject to the following rules:. 

First — The Union & Planters Bank of this city has consented to serve as an in¬ 
termediary in this matter, and all compositions should be in its hands not later than 
December 20, 1896. Those enclosed in an envelope hearing the stamp of the Mem¬ 
phis postoffice must be handed to the bank not later than 3 o’clock P. M. on Tuesday, 
December 22. 

Second — The real name of the author shall not appear upon the compose ion, 
but the author shall be known by a nom de plume or fictitious name, so that tin* 
judges in awarding the prize will have no means of knowing to whom they ate 
awarding it. 

Third — This nom de plume or fictitious name shall appear at the top of the first 
page of the composition. 

Fourth — Each composition shall be accompanied by a certificate written on a 
separate sheet of paper, substantially in the following form : 

Nom De Plume: . 

.... Tenn., .1896. 

This is to Certify, That the essay which Accompanies this certificate was written by 

. without the assiiltah.ce of anyone. 

. is a scholar* in . . School , 


Said .. 

of the age of . years. 


Principal. 


Address..... .., Tenn. 


Author {real name). 
Address .... Term. 


Fifth — The Union & Planters Bank of this city will receive these compositions, 
retain the certificates, and turn over to us the compositions. 

Sixth — Compositions shall be written only on one side of the paper, either in 
type-writer or in a clear and legible hand, and shall be in the English language, and 
not to exceed two thousand words in length. Very truly yours. 

GEO. W. GORDON, 

B ROTH ER M A IT RELIA N, 
BOLTON SMITH. 


MEMPHIS, TENN., December 24, 1896. 
Mr. Sam P. Read, Cashier Union & Planters Bank, City: 

Dear Sir —We, the undersigned committee selected by Col. W. H. Carroll to 
award the prize of one hundred dollars, offered by him for the Tennessee student 
who would prepare the best paper upon “The Needs of a New Constitution for Ten¬ 
nessee,” beg leave to say that we have carefully examined all of the essays submitted 
to us by the contestants (all of whom are to us unknown), and that we unanimously 
award the prize to the writer of the paper bearing the nom de plume “Vigilant.” 

Very truly yours, GEO. W. GORDON, 

BROTHER MAURELIAN, 
BOLTON SMITH. 


P,Y TRM^ 1 























UR Federal constitution opens, as it were, an avenue through 
which the gleamings of centuries may he read. It is the 
climax of freedom and civilization. This heaven-born 
freedom of the Federal constitution is brought to our very doors 
by the State constitution. 

When we behold Tennessee, a pioneer settlement, directly 
influenced by the revolutionary war, we cannot but expect to 
find manv flaws in her constitution of 1796. It was, however, 
entirely conformable to the existing conditions, and. according to 
Jefferson, “It is the least imperfect and the most republican ” of 
State constitutions. 

But times changed, civilization advanced, and, hence, its de¬ 
mands increased. Consequently, a new constitution was drafted 
and approved by the people in 1834. 

Tennessee, at this period, was among the leaders of the Vir¬ 
ginia group. She continued to advance, when a barrier loomed 
up that changed the foundation of her whole system. The indus¬ 
trial, social, and commercial relations were completely overthrown 
and had to be reconstructed after the civil war. The convention 
of 1870 was, therefore, called. 

The solons who were called upon to revise the constitution 
were seemingly inspired. They wisely abstained from wholesale 
changes, because, said they, we are not in a condition to meet the 
requirements of the times. They acted with greater wisdom than 
they knew. Men had not yet recovered from their terrible blow, 





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and prejudices still prevailed. Hence they concluded to do as 
little revision as possible, leaving that work to be done by men 
of another generation, who should and would be in perfect accord 
with the demands of the age and conditions of things. 

But never did they dream of the political corruption which 
to-day passes current as patriotism. Happily the true situation 
is dawning upon the people. Their duty is clear in the matter, 
and their patriotism will now exert itself to crush and wipe out 
forever what may tend to retard the “ Old Volunteer State ” in its 
line of advance. 

Therefore, as the people must decide their own destiny, we 
will essay to show the necessity of changes in our present consti¬ 
tution. 

I. 

No one disputes the right of a State to impose a just tax. It 
is even essential to its general progress. But we emphatically 
protest against this section of our constitution (section 28, article 
2), because a double, and even a triple tax is implied. 

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This cripples all business enterprise and is a decided protest 
against capitalists’ investment. A constitutional limitation to 
the power of the legislature to impose privilege taxes is most 
urgent. Let this section be more explicitly worded, so as to pre¬ 
clude all ambiguity. Frame it to invite enterprise and to build 
up new industries. We must put a stop to the ever-ready refrain, 
‘‘ It is unconstitutional.” To-day our constitution is a check, 
and even a menace, to material progress. The legislature is not 
above corruption; and, therefore, it may regulate the privilege 
tax, not according to the best interests of the public, but for per¬ 
sonal aggrandizement. We all know from history how we indig¬ 
nantly rejected the unjust tax of England. Let us avoid the 
dangerous rock of tyrannical rulings. 

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II. 

Every efficient government guarantees its citizens peace. 
This depends upon our judicial system and methods of prosecu- 


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ting delinquents. Should this limb of the law be weak, either 
through ineffectual enactments or by default of application conse¬ 
quent upon corruption, then the citizens live in constant fear, 
and happiness is impossible. Now, it is evident from the consti¬ 
tution that we cannot expect men of learning, executive ability, 
and manly independence to abdicate their honorable and lucra¬ 
tive positions lor the Supreme bench when their services are 
requited with the beggarly stipend ol $3,500 per annum. No 
office is more onerous than that of the Supreme judgeship. There¬ 
fore, to enlist men of eminent abilities and qualities, we must 
amend the constitution to give them a salary that will r< nder 
tin in independent, say from $8,000 to $10,000 per annum. Under 
our present constitution the clerks and petty justices are much 
better paid than the principals. A clerk may get from $15,000 to 
$20,000 a year. This is mocking justice. Look again at the enor¬ 
mous outlay of wasted momas for witness fees and prosecutions. 
The State and county pay all <oHs. Oh orgia’s constitution was 
wiser. In New York all that is o\er and above fixed salaries for 
clerks and other officers becomes a sinking fund. Just think, 
Hamilton county pays annually $17,229 for witnesses and prose¬ 
cutions. The State pays nearly $1,300,CC0. Contrast Georgia's 
petty $55,000. We unquestionably need a constitutional reform. 

III. 

Honesty is not compatible with ignorance. However, under 
our present jury system learning goes for naught. The adminis¬ 
tration of the law is left to illiteracy and depravity. A man is in¬ 
competent as a juror if he reads the papers or forms an opinion of 
the point in litigation. Exalt ignorance and corruption generally 
follows. Unscrupulous lawyers pack the juries with unworthy 
men and justice is defrauded. Again, hundreds are summoned 
from ten to twenty miles around, which is decidedly irksome to 
those depending upon their daily wages. Several attempts have 
hi en made to remove this flaw from our constitution, hut each 


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time was heard the refrain, Unconstitutional.” With a more 
honest, explicit system much wrangling, time and expense would 
be saved. 

IV. 

We believe in a government by the people and for the people. 
The system of granting the legislature the appointment of sub¬ 
ordinate officers and judges is not productive of good to the peo¬ 
ple, and it interferes materially with the carrying out of the law. 
The baneful influence of a political ring needs no demonstrative 
proof. Its effects are withering to healthy administration. In 

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nearly all States the people elect their minor officers; why should 
Tennessee remain an exception ? Let us be true Americans in 
every department of our State government. Let us so construct 
our organic law that the people may elect the judges, and that 
for a period, say, of ten years. In Pennsylvania, the judge’s term 
is twenty-one years. The wisdom of this law is obvious. 

V. 

Again, the salary of county judges situated in large cities 
like Memphis and Nashville should be such as to induce able and 
experienced lawyers to accept the honor when proffered. Our 
criminal and circuit judges should have a handsome salary. Thus 
we insure the honor of the bench. 

VI. 

Moreover, the Supreme Court should have a permanent seat. 
Its dignity ought to be maintained. It is not a traveling comedy. 
The framers of the present constitution were undeniably rustic 
in their conception. Let us be modern, progressive. We believe 
its permanent home ought to be in the capital of the State. It 
would give satisfaction, convenience, comfort, and save useless 
expense. 

VII. 

Now we come to the officers who enjoy a princely salary for 
playing the gentleman. Every house, it is said, should be able 


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to keep one gentleman. We say the State is in no such condition. 
Our present fee system is a disgrace. Words could not be too 
strong in its condemnation. Let us, by abolishing this system, 
save the thousands that now feed corruption, and follow the 
example of the federal government. If we must have coal oil in¬ 
spectors, assessors, trustees, back tax collectors, then let us regu¬ 
late their salaries. Here much ex.pense could be cut down with 
the ax of reform. 

VIII. 

Again, it is inimical to all progress to deny local self-govern¬ 
ment. No city, according to our constitution, can sell a bond or 
enlarge its taxable district without the consent of the legislature. 
Note the words, “consent of the legislature.” Do these words 
imply that the consent could be bought? Let us cast aside the 
shackles that bind us to such narrow-minded legislation. Let us 
follow New York and Missouri and our cities will soon be the 
boast and pride of the South. Now all attempts at municipal 
advancement are checked by our county system, and Tennessee 
would do well to establish that of the township. Large cities 
would be especially benefited. 

IX. 

It is universally acknowledged and proven by the growth of 
cities in other States that the right of assessment for local im¬ 
provement is absolutely indispensable to municipal development. 
But, by our present system, improvements are practically imposs¬ 
ible. In Minnesota, Ohio, New York, and other States all im¬ 
provements of roads and the like are charged to the adjoining 
property owners. An attempt to convert a part of Reelfoot Lake 
basin into a levee and assess the adjoining property was declared 
unconstitutional. Such a clause checks local improvement. 

X. 

We now come to an erroneous clause of our constitution, 
under which all road enactments are effective for the entire State. 


Therefore, the roads passing through the suburbs of Memphis are 
subject to the same laws as the mountain trails in East Tennessee. 
Such legislation displays much ignorance concerning different 
existing conditions. We hold that each county should have the 
powei^to improve its roads and levy tax for the same. Then we 
Ave will have roads suited to the locality at a much less expense. 

XI. 

Again, the error of uniform legislation is shown by the fence 
law. In some counties wood is abundant and fences are easily 
built, while in other Avoodless counties the expense is simply 
enormous. Here, again, legislation should be according to exist¬ 
ing conditions. But this would be unconstitutional, our usual 
refrain. 

XII. 

Unfortunately for Tennessee, no provision for the guberna¬ 
torial succession exists, and the Avav is paved for out-bursts of 
anarchy. To avoid such dangerous consequences, our constitu¬ 
tion should explicitly legislate for the election of a lieutenant- 
governor by the people. This course is approved by the most 
progressive States. We add, the secretary of State, treasurer, and 
comptroller should also be elected by the people. Such an or¬ 
ganic law commends itself. 

XIII. 

Convict goods should be positively prohibited. The State 
taxes manufacturers for privileges; why, then, allow unhallowed 
importation's? This is putting a premium on criminals and is a 
protest against honest labor. Protect home industries. If con¬ 
victs must labor, let them build our country roads. 

XIV. 

Moreover, under the present constitution the criminal docket 
is called through once a year, and this is another source of 
expense. For instance, after April all appeals must Avait until 
the succeeding April, and, as a rule, the appellants being unable 


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to furnish bond, are detained in jail at a great expense for their 
board. This expense would be much lightened by calling a 
hearing three times yearly, and with more satisfaction to the 
people in the way of speedy trials. 

These are some of the most important changes demanded in 
our State constitution. The State, like the Federal government, 
should guarantee good administration in its three branches—the 
executive, judicial, and legislative. When the organic laws are 
defective, whether actually or by implication, good government 

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is a mockery. 

Let the judicial branch be so strong in honesty and integrity 
that corruption and intimidation will be impossible. In this 
consists our greatest security. Criminals will then both fear and 
respect the law, knowing that justice, every where, reigns supreme. 

Let the legislative body be composed of men of honor and 
intelligence, and let them be independent of trusts and corpor¬ 
ations. 

Our organic laws will then have the true ring of that manly 
independence that marked our ancestors of revolutionary fame 
and, our State, receiving new life and vigor, will shake off its 
lethargy, and inaugurate a glorious era of enterprise and material 
prosperity, and give a fresh impulse all along the line, whether 
physical, intellectual, or moral. And when old Tennessee shall 
have donned her new and splendid constitutional robes, then, 
and then only, will she be entitled to hold high rank among 
her progressive and distinguished sister States. 





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